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Posts Tagged ‘personal bankruptcy’

Drowning In Debt? A DIY Lifeline For You!

December 1st, 2009 by Matthew C. Keegan | 4 Comments | Filed in Money Management

Tens of millions of consumers today are facing financial difficulties ranging from late payments on their utility bills to foreclosure on their homes. Job loss, illness, overspending, and other problems can weigh in, putting untold pressures on the American family.

credit cardsNot every financial situation should mean imminent ruin, although taking action sooner rather than later can go far in turning your condition around. Smart budgeting, credit counseling, debt consolidation, and bankruptcy are four do it yourself (DIY) avenues for you to explore; chances are you’ll be taking one or more paths in order to improve your financial condition.

Smart Budgeting

What is smart budgeting? Essentially, it is a budgeting plan that makes sense for you. This means being realistic and developing a plan that works. That doesn’t mean setting pie-in-the-sky goals, near impossible requirements whereby you think you’ll correct many years of financial problems in twelve months or less or pay off your mortgage quicker when you’re still on the brink of foreclosure.

Step by step changes can bring about real results, helping your conquer your problems gradually. This also means negotiating payments with creditors or finding out a way to work with bill collectors. Print out a money tip road map to help you get back on track.

Credit Counseling

Although a “do it yourself” method can work for some people, others may find that professional assistance can go far in helping them conquer the debt monster. Credit counseling organizations can help you develop a repayment plan with your creditors, help you track your bills, an develop a workable budget for you.

A few things to keep in mind: not all credit counselors are on the up and up, some charge very high fees, while others may promise more than what they can deliver. For example, when a creditor says you can pay just pennies on the dollar for your debt, be suspicious. Learn about fees and other costs before agreeing for assistance and check references!

Debt Consolidation

One way to reduce your credit costs is to consolidate your debt, oftentimes by taking out a second mortgage or a home equity line of credit. You’ll be putting your home up as collateral which means that if you stop making payments or make them late you could lose your home.

Certain tax advantages exist when consolidating a loan; check with your financial adviser to learn more.

Personal Bankruptcy

One way to discharge all or some of your debt is to file for personal bankruptcy. Chapter 7 bankruptcy is liquidation of your assets, whereby mostly everything you own is sold off except for exempt assets, which vary from state to state. You’ll be required to take a “means test” to ensure that your income does not exceed a certain amount.

Chapter 13 bankruptcy is less drastic, allowing you to keep a car or your home as long as you keep up payments, while discharging some if not all of your unsecured debt. Changes to the US Bankruptcy Code in 2005 has made personal bankruptcy a less desirable option as some previously forgiven obligations remain in place. Contact an attorney familiar with tax law who can advise you.

Financial Resolution

There is no magic solution to financial problems which means patience and adjusting as you go are important attributes for the person who wants to get back on his feet again. Creating a sensible plan and sticking with it is a good start; seeking professional guidance may be the best choice that you make.


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Foreclosures And A Lease/Buyback Option

March 19th, 2008 by Matthew C. Keegan | 4 Comments | Filed in Home Financing, Home Selling

home foreclosure

If a court date has been set for the foreclosure of your home, you might yet be able to stay in your home after the court concludes foreclosure. By agreeing to a separate lease-buyback option, you could pay rent to live in the home you once owned and possibly regain ownership that was lost to foreclosure.

Living In Your Foreclosed Home

Is this task as easy as it sounds? No, but it isn’t outside of the realm of possibility either. Your continued reading will shed some light on this matter, possibly helping you to stay put after a foreclosure ruling has been concluded.

A lease-buyback option is something that can take place after the foreclosure decision has been handed down by the courts. In this particular situation, you no longer own the home and the new owner – which is usually your mortgage company – can order you to leave the property.

Congratulations, You Are Now A Tenant

So, why would a mortgage company consider allowing you to stay in a home you could not afford to make payments on?

There are two reasons that come to mind:

  • You may live in an area that is economically depressed and finding a new owner could be a very difficult task for the lender. Most lenders want to dispose of a foreclosed home, preferring not to have to deal with a tenant. Since they already have a relationship with you, this is something that you may be able to pull off.
  • In addition, since the foreclosure ruling was finalized, your financial situation could have improved to the point where you may eventually be able to handle mortgage payments once again. Perhaps a loss of income brought about the foreclosure and you’ve since landed a new job.

If your one-time mortgage lender agrees to let you stay in the foreclosed home, you will be responsible for signing a lease and making monthly rental payments directly to them. Depending on the terms of the agreement between you and your new landlord, the mortgage company may set aside a portion of the lease money you pay each month as a contribution toward a down payment on your home.

An Unusual Agreement

Then, after an agreed-upon duration of time, one or two years for example, the mortgage company may consider:

  • Selling the house back to you
  • Allowing you to continue renting from them
  • Offering the home for sale to a third party

These types of agreements are not common and you must state your desire to stay in the home before foreclosure is finalized. Once foreclosure has been completed, the mortgage company is under no obligation to work with you and can have you removed from the premises.

Further Reading

Homeowners warned about foreclosure ‘rescue’ scams

Debt Reduction Tips

Home Purchase Loans


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